Terms and conditions for distributors and wholesalers
1. Parties
These terms and conditions govern the relationship between PLATAFORMA DE TRANSACCIONES ELECTRONICAS TODORECARGAS, S.L.U.—the owner of the DAVATEL platform—and authorized distributors or wholesalers.
DAVATEL is a trade name used by PLATAFORMA DE TRANSACCIONES ELECTRONICAS TODORECARGAS, S.L.U.; invoices, tax-related communications, or financial documents must be issued in the name of the owning company, not in the name of DAVATEL.
2. Contract and activation
Distributors or wholesalers must sign a contract or accept the applicable terms and conditions before operating on the platform.
The partnership does not impose a minimum sales commitment. The duration, notice period, and termination are governed by the signed contract; the current standard agreement provides for an indefinite term and a standard notice period of 30 calendar days, subject to any mandatory legal provisions. The terms regarding the clawback (repayment) of commissions are separate.
3. Use of the DAVATEL brand
The distributor or wholesaler may not use the DAVATEL brand, trade name, logo, or identity in their store, advertising, social media, signage, or commercial materials without express authorization.
4. Advertising and customer acquisition
The distributor may advertise offers on their own behalf, provided they adhere to the prices, terms, minimum commitment periods, availability, and instructions set by DAVATEL, as well as the terms set by the network operators and all applicable regulations.
It is prohibited to acquire customers through deceptive practices, such as promising non-existent prices, concealing minimum commitment periods, impersonating the network operator, falsely claiming to represent an operator, using data without permission, processing sign-ups without consent, or falsifying/manipulating documents.
5. Legal obligations of the distributor and wholesaler
Distributors and wholesalers must comply with all regulations concerning data protection, consumer rights, advertising, telecommunications, unfair competition, and taxation, as well as any other legal obligations applicable to the acquisition and onboarding of customers.
The distributor is held liable if they input false or unauthorized data, submit incorrect documents, or process applications without the customer's permission.
6. Protection of customer data
Before entering a customer's data into the DAVATEL system, the distributor guarantees that they have informed the customer, obtained valid authorization or consent, and are able to provide proof of such authorization if requested.
The distributor may not store, copy, reuse, sell, transfer, or use customer data for any purpose other than processing the authorized request, unless required by law or expressly authorized.
DAVATEL may require the distributor to provide documentary proof, a recording, a signed authorization, electronic consent, or any other reasonable evidence that the customer authorized the data processing and the request.
Only the evidence strictly necessary for the handling of the request shall be retained; thereafter, it shall be kept only if there is a legal obligation or an outstanding liability, with access restricted or the data blocked as appropriate. The statutory retention period for accounting purposes does not authorize the indiscriminate storage of copies of national ID document (DNI)s (DNI), utility bills, or banking documents.
7. Sub-distributors and wholesale networks
The distributor may not engage sub-distributors or grant access to third parties without authorization.
A wholesaler may have distributors assigned to its network and may receive commissions based on the activity of said distributors, in accordance with the agreed-upon terms.
8. Commissions
Commissions displayed on the platform are estimates until they are confirmed as final.
Settlement and payment are governed by the signed contract, the validation of transactions, and the issuance of a valid invoice. The provider’s payment terms do not supersede the rules regarding the accrual of earnings or legally mandated payment deadlines. The current model provides for transparent, identifiable settlements and a channel for reporting discrepancies.
The distributor or wholesaler must issue an invoice in the name of PLATAFORMA DE TRANSACCIONES ELECTRONICAS TODORECARGAS, S.L.U., with tax identification number (CIF) B21555750 and registered address at C/ La Fuente, 8, 21720 Rociana del Condado, Huelva.
Commissions may be paid via bank transfer or other means agreed upon by the parties, as applicable, and must always comply with relevant tax and payment regulations.
9. Cancellation, reversal, or claims regarding commissions
A commission may be cancelled or withheld if the customer cancels before installation, if the operator rejects the sign-up, or in cases involving false information, incorrect documentation, lack of consent, fraud, or non-compliance.
The period during which commissions may be reclaimed is 6 or 12 months from effective activation, depending on the operator or provider and the specific terms of the service, rate plan, or campaign. The applicable timeframe should be verified in the specific terms and conditions of the transaction before it is processed. This timeframe is independent of any minimum contract period (commitment period) the customer may have with their operator.
A commission may also be voided, deducted, or subject to a refund request if the client cancels, fails to pay, commits fraud, withdraws, or is in breach of contract within the period applicable to that transaction, in accordance with the specific terms and conditions.
Contractual and commission-related changes shall respect the signed agreement. The current model requires 30 calendar days' notice and prohibits the retroactive application of changes to transactions that have already been validated, subject to urgent exceptions and legal limits stipulated in the agreement. Cancellations will be identified by transaction and reason, and may be subject to formal challenge.
10. Documentation for distributors or wholesalers
PLATAFORMA DE TRANSACCIONES ELECTRONICAS TODORECARGAS, S.L.U. may request a national ID (DNI), tax identification number (CIF), proof of self-employed status, tax registration forms (Model 036/037), a bank certificate, tax details, documentation regarding legal representation, or any other reasonable documentation to verify identity, business activity, bank account details, or legal compliance.
11. Suspension or termination
PLATAFORMA DE TRANSACCIONES ELECTRONICAS TODORECARGAS, S.L.U. may suspend, limit, or cancel a distributor’s or wholesaler’s access in the event of breach of contract, fraud, misuse, serious complaints, non-payment, provision of false information, reputational damage, or improper commercial practices.
12. Dispute resolution
Any issue shall first be addressed through an amicable resolution process by contacting hola@davatel.com. If this is not possible, Spanish law shall apply, and disputes shall be settled by the competent courts in accordance with current regulations.
Contract, versions, and data protection
These terms summarize operational rules; they do not replace the signed contract, nor do they retroactively modify its clauses. Mandatory legal requirements and the contract—along with its annexes—take precedence. Acceptance of a new version is recorded without deleting previous evidence.
The collaborator is responsible for their own prospecting activities. When acting on behalf of another entity, they must do so in accordance with documented instructions and the applicable data processing agreement. Mere access to the portal does not constitute the formal mandate required under Article 28 of the GDPR, nor does it authorize the reuse of data. Security incidents must be reported without delay to hola@davatel.com.
Revision: September 16, 2026 · V40.